Epping Gardens & St Basil’s

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Aged Care Class Actions

Sebastian Agnello v Heritage Care Pty Ltd – S ECI 2020 03282
Efstathia (Effie) Fotiadis v St Basil’s Homes for the Aged in Victoria – S ECI 2020 03339

Carbone Lawyers has issued two separate proceedings on behalf of two clients who have lost beloved family members to the Coronavirus (COVID-19) whilst in the care of aged care operators Epping Gardens and St Basil’s.

On 14 and 20 August 2020, Carbone Lawyers filed two separate actions in the Supreme Court of Victoria on behalf of its clients Sebastian Agnello and Efstathia Fotiadis against the operators of the Epping Gardens and St Basil’s aged care facilities respectively.

Mr Agnello’s mother, Carmella Agnello and Ms Fotiadis’ father, Dimitrios Fotiadis were under the care of Epping Gardens and St Basil’s where they contracted COVID-19 and deceased shortly after, on 28 July and 25 July 2020 respectively.

As a result of the preventable death of their respective parents, Mr Agnello and Ms Fotiadis have suffered psychological reactions marked by depression and anxiety, and nervous shock, as a result of the mismanagement and dereliction of duties from the operators of both premises.

Both clients are seeking damages against the operators of these aged care facilities, which both failed in their duty of care to the deceased and affected persons.

The proceedings against Heritage Care Pty Ltd (operator of Epping Gardens) and St Basil’s Homes for the Aged in Victoria (operator of St Basil’s) deal with several failures of the respective operators to act in the deceased’s best interests and provide them with a safe and comfortable environment.

The alleged breaches of their duty of care include, but are not limited to:

  • Allowing permitted staff and residents to not wear PPE and roam freely throughout the respective facilities despite the risk of COVID-19 infection
  • Failing to ensure its staff were properly informed of the dangers of COVID-19 and trained in the practices to protect the deceased from contracting COVID-19
  • Cutting back on staff during a pandemic, which made it impossible to safely and adequately care for the vulnerable residents


These various breaches caused the deceased to contract COVID-19 and pass away, causing pain and anguish for our clients.

If you are a resident at Epping Gardens or St Basil’s, or have a family member who contracted COVID-19 at Epping Gardens or St Basil’s and has passed away, and you believe you have suffered nervous shock or any related symptoms, such as anxiety or anguish, please fill out the form on this page to make an enquiry with Carbone Lawyers. 

Similarly, if you are a member of staff who worked at either Epping Gardens or St Basil’s and contracted COVID-19, or have seen your mental health suffer as a result of a failure of the operators to adequately staff the facilities or provide adequate training and direction, please get in touch with Carbone Lawyers using the form on this page.

Alternatively, contact us on 1800 369 888 or at info@carbonelawyers.com.au and a member of our team will then be in touch with you.